Having an Article Published in a Scholarly or Professional Publication

Business Newspapers

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A partner and accomplished attorney at Keating, Muething, and Klekamp, PPL, Bethany Palmer Recht has nearly 15 years of experience practicing at firms in California, Massachusetts, and Ohio. Experienced in insurance coverage and mass tort settlement trusts, Bethany Recht is the co-author of the article, “Breaking Up Is Hard to Do,” which appeared in the January 2009 issue of Los Angeles Lawyer.

Publishing a scholarly article is extremely helpful for a young lawyer’s career. Listed below are three tips to follow to get your work published.

1. Be mindful of publishing timelines. Though law reviews accept submissions at any time, most seriously consider them at two main times: during the month of March and from late August until early September. Consider creating a timeline for yourself so your article can be completed in time for these two submission periods.

2. Choose the right topic. Focus on subjects you are passionate about that are relevant to your practice area. This builds your credibility as an author and motivates you in your research. Consider also how many articles have been written about your chosen subject, as your article is more likely to be published if it is on a relatively new and unknown topic. Don’t forgot to consider your employer when choosing a topic; avoid anything that may seem controversial or offensive to your clients and colleagues. Many employers have policies in place dealing with employee authorship, and some may have clearance procedures or internal review requirements.

3. Stay on track and do your research. Keep a writing schedule and seek opinions from your colleagues, family, friends, or even former law professors. Also, make sure you read up on the different requirements for submissions to journals and submit to several for the best chance at publication. If your article is repeatedly rejected for publication, let it sit for a while and come back to it to reassess and make appropriate changes.

Mass Torts - A Legal Remedy for Error, Injury, or Negligence

Bethany Palmer Recht serves as partner of the law firm of Keating Muething & Klekamp in Cincinnati, Ohio, where she consults with clients on managing settlement trusts. Bethany Recht’s other responsibilities involve handling awards from mass tort actions. 

In a mass tort lawsuit, a group of persons who have all been affected by the same mistake on the part of a company - such as in product liability cases - seek legal redress. It is similar to a class action lawsuit, but in a mass tort each plaintiff receives a separate trial. 

Many events can be the subject of a mass tort. Apartment fires, air crashes, plant explosions, anti-trust actions, and pharmaceutical errors are all frequently litigated. Other reasons range from bodily injury to negligence on the part of the federal government. 

Mass torts are expensive to take to trial. Law firms must be well-capitalized to handle large outlays for gathering evidence, finding expert witnesses, court costs, and travel expenses. Partly because of these expenses, law firms often settle the plaintiff’s claims before trial.

What Is a Qualified Settlement Fund?

Previously an associate at DLA Piper in Los Angeles, Bethany Palmer Recht is now a partner at Keating Muething & Klekamp PLL. From her Cincinnati, Ohio office, Bethany Recht represents trustees of settlement trusts and qualified settlement funds (QSFs).

QSFs, also referred to as 468B trusts, are settlement tools that allow the settlement of mass tort litigation or cases involving multiple claimants. They are established pursuant to the orders of a governmental authority, resolve claims arising from an event or series of events, and segregate the assets of the fund from the transferor, in this case the defendant. Therefore, once a QSF is established, the defendant transfers assets into it and is absolved from liability while the claimants get to receive a proper settlement without going through a rigorous litigation process. 

QSFs have many advantages for both claimants and defendants. For defendants, not only are they released from all claims, but payments into the QSF are tax deductible, hence companies receive immediate tax deductions from such transfers. For claimants, the QSF allows for time to agree on favorable settlement options within themselves - the defendants have already settled their part, and it is now up to the claimants to agree on the allocation of funds. It also allows time to settle lien claims and in some cases, where there is the risk of insolvency of the defendant, the QSF ensures claims are settled before funds are no longer available.